APPA (eCard 20) English – v1.9.1 –Agoda Company Pte. Ltd. Page 1 of 5
Accommodation Property Participation Agreement (“APPA”)
PROPERTY NAME: /pn
ADDRESS: /pa
The attached Terms and Conditions (the “Terms”) are incorporated into and form an integral part of this APPA. The Property hereby confirms having read, understood and accepted the Terms. The Terms and APPA together form the agreement between the Parties (the “Agreement”). Capitalized words are defined in the Terms, unless stated otherwise. In case of any discrepancy between the APPA and the Terms, the provisions in the APPA will prevail.
PART A: APPA Commercials in addition to the Terms
Payment Type
eCard (Charge on Departure)
Consideration (Commission %)
Minimum Consideration level ("Commission" field in Extranet):20%
Image
I agree to upload 15-20 images of a size that are suitable for full resolution display according to Agoda’s requirement.
Rates
The Property shall have the choice between the following currently available different rate plans and rate types which can be loaded into the Agoda Extranet:
Rate Plan and Rate Types
Sell Inclusive Rates (inclusive of all taxes and service charges)
/# Retail Rates
/^ Mobile Rates
/= Domestic Rates
Net Inclusive Rates (inclusive of all taxes and service charges)
/< I hereby agree to partake in Agoda Fenced Rates for Private & Package Sale (“APS”) as specified in the Terms with a minimum discount from Retail Rates as set in the Extranet for the Property’s market
I hereby agree to partake in Agoda Fenced Rates for Agoda Opaque (“AO”) as specified in the Terms with a minimum discount from Retail Rates as set in the Extranet for the Property’s market
Connectivity
Extranet
REMARK: In the event that you are connected to Agoda via a Channel Manager, the below term and condition will apply.
Under no circumstances will Agoda be liable to the Hotel for any indirect or consequential loss including, without limitation, loss of profits, wasted expenditure or loss of data arising from any interruption or non-availability of the XML Service. The Hotel is responsible for updating rates and availability using either the Provider’s system or the extranet of the Agoda as directed by Agoda from time to time and agrees to indemnify and hold harmless, and keep indemnified and harmless, Agoda and the Provider against all direct and indirect loss, damage, claims, demands, actions, costs, charges, expenses and liabilities of whatsoever nature incurred by the Relevant Company and/or the Provider arising out of any failure to do so accurately.
Part B
The current participating properties in the Agreement are:
/+
Each participating property is bound by the terms and conditions of the Agreement in full and the Property confirms or will ensure that they each have or will receive of copy thereof. New properties can start participating in the Agreement by simple notification. The same conditions will apply to them unless agreed otherwise.
SIGNED for acknowledgment and approval by the parties’ authorized representatives:
Signed on behalf of Agoda Company Pte. Ltd.: Signed by authorized representative of the Property:
/ls_____________________________________________ /hs______________________________________________
(Signature/Stamp) (Signature/Stamp)
Name : Ernst H. Hemmer Name /6: _____________________________________
Title : Director Title /7: _____________________________________
Date /9: _____________________________________ Date /8: _____________________________________
Property ID:
APPA (eCard 20) English – v1.9.1 –Agoda Company Pte. Ltd. Page 2 of 5
Accommodation Property Participation Agreement Terms and Conditions
The Accommodation Property Participation Agreement (“APPA”), together with these terms and conditions (the “Terms”), constitutes the Agreement concerning the provision of an online information, content and accommodation reservation facilitation service and related support services (“Service”) between the property, owner or company, with registered address as stated in the APPA, as accommodation provider or chain (“you”, “your”, “Property”, acting on behalf of itself and, where applicable, any participating properties) and Agoda Company Pte. Ltd. (Company Registration Number 200506877R), a Singapore company with registered address at 30 Cecil Street, Prudential Tower #19-08, Singapore 049712 (“Agoda”, “we”, “us”, “our”) as a facilitator for the Service. Execution of this Agreement and/or use of the Service indicates your acknowledgment and acceptance of all terms and conditions set out herein.
Our Services
As part of the Service, Agoda will act as a facilitator to promote your Property (and, where applicable, all participating properties mentioned in Part B of the APPA) and transact reservations (subject to your booking conditions). In doing so:
1. DISTRIBUTION: We will arrange for appropriate details of your Property (“Information”) as supplied by you in the proper format and subject to our approval (not to be unreasonably withheld or delayed), to be made available on www.agoda.com and such other websites and channels (“Sites”) as we consider appropriate. You hereby authorize us to provide reservation services at your Property to users of the Sites at our reasonable discretion. In addition and when applicable, we will arrange the Fenced Rates (as detailed in Part A of the APPA), to be distributed through the Agoda Fenced Rates program at our reasonable discretion. Agoda’s terms of use will apply to the reservations, in conjunction with the Property’s booking conditions.
2. EXTRANET AND SYSTEMS: We will provide you with the access to an on-line facility called Yield Control System or YCS (“Extranet”) to update your rates and availability (both last minute and full year), and Information. If and when applicable, references to the Extranet will include references to alternative connectivity solutions mutually agreed between the parties. We may provide you with additional systems and tools to help you increase reservations through our platform. The rates uploaded in the Extranet are indicative and will serve as a basis for calculating the Consideration and Net Inclusive Rate as described below. The Property can control and change different settings via the Extranet.
3. REFER COMPLAINTS: We will refer disputes or complaints relating to the guest’s stay at your Property to you for resolution. This only applies to disputes or complaints received through customer service, not to negative comments contained in the guest reviews.
4. ACCURACY: We reserve the right, without notice, to amend or delete any Information on the Sites which, in our sole discretion, is defamatory, obscene, materially inaccurate, in breach of any law and/or advertising code of practice, or provides direct references to your websites, e-mails or telephone numbers. We make no representations, warranties or conditions with respect to any information, system or graphics on the Sites (save in respect of any changes we make to your Information), including but not limited to all implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement.
5. CONSIDERATION: As consideration for our Services, your Property agrees to allow us to keep a margin amount based on the difference between the Net Inclusive Rate and the rate charged by Agoda. The consideration is Agoda’s compensation/commission for the Services and is hereinafter referred to as the “Consideration”. Your minimum Consideration level is as agreed between the parties and/or as set by default in the Extranet system. For convenience, you have the option to upload different rate plans and rate types in the Extranet (see the APPA), but Agoda will always pay you the Net Inclusive Rate as stipulated in the clause “Payment” below.
6. OFFERING A REDUCED NET INCLUSIVE RATE: Subject to rate types selected, you have the ability to increase Agoda’s Consideration level in order to improve your Ranking (as defined below) on the Sites, which effectively simply reduces the Net Inclusive Rate payable to you. Agoda cannot guarantee that such increase in Consideration will result in more reservations. You can at all times and at your discretion decrease the Consideration back to the minimum level, thereby raising the payable Net Inclusive Rate again, for example in the event that an increase in the Consideration did not achieve your business objectives.
7. FENCED RATES: As one of the rate plans, the Property has the option to provide Agoda with different types of fenced rates to be used in closed user channels, opaque offerings, package deals or in a manner consistent with fenced or net rate distribution practices in relation to the Property (the “Fenced Rates”), as specified in the APPA. These rates are typically set as a discount off the lowest Net Inclusive Rate as recorded in the Extranet, the minimum expected discount is as set out in the APPA or the Extranet. For the avoidance of doubt, you can upload the Fenced Rates in the relevant fields in the Extranet (see the APPA for the current types).
8. SUPPORT SERVICES: As part of the Service, we are offering a range of additional support for your Property, including but not necessarily limited to customer service, payment processing and reconciliation services, information and content provision, reservation amendment services and any future additional support services as we may determine at our discretion. Agoda will use its commercially reasonably efforts to offer “best in class” support and will work with your Property to continuously improve its Services.
The Parties’ Obligations
1. INFORMATION: You are responsible for updating the Extranet on a regular basis, ensuring that all Information (save to the extent amended by us) is accurate and up to date at all times, including rates, details on room availability, policies, booking conditions and all other relevant Informat